The Commonwell Mutual Insurance Group appealed an arbitrator's decision regarding a loss transfer dispute, arguing the arbitrator erred by applying Rule 10(4) instead of Rule 6 of the Fault Determination Rules and improperly considered the circumstances of the accident contrary to Rule 3.
The court dismissed the appeal, finding the arbitrator correctly applied Rule 10(4) because the accident occurred during a lane change, not as a rear-end collision.
The court also held that the arbitrator's consideration of the accident's specific facts was necessary to determine the applicable rule and did not violate Rule 3, which prohibits considering external circumstances.
